Are you saying client company will not pay for the expenses or it will not sponsor H1 visa? If the Client Company does not sponsor H1 visa, i do not think you an sponsor yourself.You can pay for your expenses if client company sponsors H1 visa.

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raysaikat

12-25 04:01 AM

Friends,

I am currently working at a systems company based on my EAD (H1 has expired). PD is Jun 2006. I intend to marry a woman who is currently on F1 visa. I would like to know if there are any pitfalls from immigration point of view.

Renewing her F-1 visa stamp could be an issue as F-1 requires non-immigration intent (it is very difficult to make a case that she does not want to immigrate to US when her husband is in US on the green card route).

I understand that she can get an EAD only when my PD becomes current. Can she file her I-485 petition based on my approved I-140?

Yes, that's how a spouse would submit I-485 petition.

If yes, would she continue in F1 status (or what will her status be?).

Her F-1 status will no longer be valid; she will be in the so-called "AOS".

No. Once it has expired, it has expired. The DOL implemented the 180 day rule in July 2007, and since then, all cases have been subjected to it. I have not heard of any exceptions to this rule.

Hello, I am from India. My employer had applied for PERM EB2 labor while my old EB3 labor was still pending. My EB3 labor, with priority date of MAR 2005, was approved before July fiasco and I was able to apply for 485/EAD/AP/etc.

Last August (2007), my PERM labor was approved too; I had the chance to file a new I140 and request interfiling with my existing 485 application. But my lawyer suggested me not file a new I140 and we let the approved EB2 labor expire.

Now, I am having second thoughts, as I did then. Is there any way I can use the old expired labor (> 180 days after approval). I know I cannot use it directly to file I140, but are there any ancillary benefits of having an approved, albeit expired labor? I am thinking of either checking with my employer if they can file a new EB2 PERM labor if I qualify, or switching my jobs.

Thanks.

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techbuyer77

09-24 08:50 AM

Thanks for the response div. I did think it was too good to be true. It is.

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I think we must also emphasise the point that all of us have to pass strict labor market tests supervised by DOL to be even eligible for green cards (and many of us have already passed that). That will blunt the rhetoric from the anti-immigrants and their attempts to obfuscate our issue with the illegal aliens. The tend to make americans believe that applying for a green card is just like applying for a drivers license and just about anyone is eligible.

The only other thing I think should be stressed is that we are already H1-b holders, already applied for green cards, so not taking any more jobs away from USCs. All we are asking for is expedited processing of our already filed applications. Then Numbersusa or other anti-immigration groups have no points to raise against us

Unless the first company cancels their H1B they don't need to cancel the H1.As he might have been already working for company B.company A might have stopped running payrol for him..so he is already out of status.

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qplearn

10-04 01:23 PM

A key figure (http://news.google.com/news?hl=en&ned=us&q=hastert&btnG=Search+News) in the latest political drama was a key figure in immigration debate (http://news.google.com/archivesearch?q=hastert+immigration&ie=UTF-8&oe=UTF-8&btnG=Search+Archives). I wish he makes way and hopefully some moderate does something for the immigrant community.

Just curious. Do you know of any reason why he might make way for someone else?

4) Once you get 3 year H1B extension i.e. after Jan08, there are legal ways to tranfer H1B to a new company for the remaining duration but this MUST be discussed throughly with an imigration lawyer as it can be risky and very case dependent.

Remember an employer might try to revoke the I140 in an effort to regain the underlying LC for some other employee, although a retro'ed EB3 might not be too juicy a carot for anyone nowadays.

This may not be that difficult as you sounded. My understanding (ofcourse I am not a lawyer got to this conclusion based on my reading various posts and lawyer responses to my own and other queries) is that once you get three year extension based on approved I140, you are good to transfer. What happens if the previous employer withdraws your approved I140 - thats a grey area but most people suggest that it does not affect "H1B" status; it might affect I485 (if its applied with I140 concurrently). To be in safe side after moving to the new company immediately apply PERM/I-140.

Also I think you can do the transfer before getting the extension, basically if you get an offer from a new employer you can apply for transfer+extension at the same time if you time it right.

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My wife is on H4 and willing to apply for H1-B. Her educational qualifications

1.)High school education(12 yrs) 2.)BCA(Bachelor of Computer Applications)- 3 yrs 3.)2.5 yrs of IT experience 4.)She's also doing her M.Sc(Master of Science) in Information Technology. Currently in 2nd year and will be completing by end of 2006. (She may not have the degree certificate by April 2007).

Is she eligible to apply for H1-B for next year 2007

Thanks, Kumar

Kumar..Talk to a attorny before filing her H1.USCIS is rejecting cases who dont have continous 16yrs education. Recently one of friend's 7th year extension was rejected based on same reason.

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rhlsur

05-08 03:54 PM

Thanks for the info Morchu. I've just been concerned with the recent emails where USCIS seems to be ignoring the successor-in-interest clause. Also, I'll have to contact my attorney to see if re-filing of I-140 is required. It took 1 year for the first one - just frustrating to think how long it will take if the re-filing is required. I guess I don't have to worry about the retrogression for the 485 stage anytime soon!

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Steeler

01-25 01:06 PM

Hi All My AP document expired in NOv 2008. I traveled to India and got back in Aug 2008. The officer stamped the document and wrote paroled until Aug 2009. Can I travel on this document? Please advise. Thank you.

walking_dude

08-16 02:23 PM

Chintu25,

I've joined the Google group. I'm unable to attend Sep 18th rally due to personal reasons. But willing to help in whatever other ways I can.

bank_king2003

04-23 06:49 PM

Thanks aruben for your reply.

the client is happy with my work and he cant pay me legally because i am not his employee so he wants to give me equity as his appreciation which i can later utilise if at all the company grows in future.